Madras High CourtCRL OP(MD)/5412/2017dismissed

Poomayil v. The Inspector Of Police

2017-04-28Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED Crl.O.P.(MD)No.5412 of 2017 and Crl.M.P.(MD)No.3807 of 2017 1.Poomayil 2.Kathirveni 3.Kathirvel 4.Santhiyagu @ Chandrasekar : Petitioners Vs.

1.The State rep. by The Inspector of Police, District Crime Branch, Sivagangai District.

Cr.No.14 of 2008.

2.Arichandrabhoopathy : Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to quash Crime No.14 of 2008 on the file of the Sub Inspector of Police, Crime Branch, Sivagangai District.

For Petitioners : Mr.L.Rajiah For Respondent No.1 : Mr.P.Kandasamy, Government Advocate (Crl.side) ******

O R D E R

The petitioners have come forward with the present petition seeking quashment of Crime No.14 of 2008 on the file of the Sub Inspector of Police, Crime Branch, Sivagangai District.

2. Heard the learned Counsel for the petitioners, who is present in Court.

3. Mr.P.Kandasamy, learned Government Advocate (Criminal side), takes notice for the first respondent and submits that a negative final report was filed in this case on 13.04.2009 before the learned Judicial Magistrate, Ilayangudi, stating that further action on the complaint registered in Crime No.14 of 2008 was dropped, since it involved civil in nature and RCS notice was also served upon the defacto complainant in this case.

4. The learned counsel for the petitioners also admitted that RCS notice was served upon the defacto complainant, but, the https://hcservices.ecourts.gov.in/hcservices/

defacto complainant has refused to receive.

5. However, considering the facts and circumstances of the case, this Court is not inclined to entertain the present petition under Section 482 of the Code of Criminal Procedure at this stage. Hence, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar( ) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, District Crime Branch, Sivagangai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.5412 of 2017 Dated: 28.04.2017 SML kk/RSK/09.05.2017-2P-3C https://hcservices.ecourts.gov.in/hcservices/